The Constitutional Erasure of Children’s Interests: Mahmoud v. Taylor and the Collapsing of Educational Governance

In Mahmoud v. Taylor , the Supreme Court recognized a constitutional right for parents to opt their children out of public school curriculum. We argue that the decision, in addition to expanding parental rights and contributing to the marginalization of LGBTQ+ individuals, furthers a reshaping of educational governance by erasing children as constitutional subjects and conceptualizing education as a zero-sum conflict between parents and the state. Through its selective repurposing of legal precedent, the Court narrows whose interests receive constitutional recognition in educational governance, reshaping the conceptual terrain on which education research, policy, and practice operate.